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SCR.A/115320/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1153 of 2008
=========================================================
BHIKHABHAI
RAMBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
VIJAY PATEL with MR DHAVAL N VAKIL for
Applicant(s) : 1,
MR DABHI, APP for Respondent(s) : 1,
None for
Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 05/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE J.R.VORA)
This
petition was listed on 4/9/2008, but today Mr. S F Saiyed, Police
Inspector, Meghaninagar Police Station in pursuance of our direction,
has produced corpus of Anitaben before this Court and, therefore, the
matter is taken on board.
In
presence of Ld. APP Mr. Dabhi, who is in-charge of the matter and in
presence of Ld. APP Mr. Mengdey and in presence of learned advocate
Mr. Vijay Patel for learned advocate Mr. Dhaval Vakil for the
petitioner, we inquired wish of Anitaben and she stated that she is
neither confined nor kidnapped by respondent no. 2 [her brother] nor
respondent no. 3 Mr. Gordhanbhai Patel. She stated that she has
nothing to do with respondent no. 3 and she is doing miscellaneous
labour work and maintains herself. She expressed that she is not
willing to go with the petitioner her husband. About two minor
children, she submitted that she will keep and maintain two minor
children. Therefore, in modification of our order dated 26/6/2008,
custody of minor children is handed over to Anitaben by respondent
no. 2.
In
view of above, when Anitaben is major and stated that she is not
confined by anybody and stays alone by her free will, cause of this
petition does not survive. Two minor children are with Anitaben. She
has been brought before the Court by Police Inspector Mr. Saiyed and
he is directed to see to that Anitaben reaches her destination safely
wherever she intends to go.
The
amount of Rs.5,000/- [Rupees five thousand only] deposited by the
petitioner in pursuance of the order passed by this Court on
23/6/2008 with the Registry of this Court, be paid to Anitaben in
cash after proper
verification of identity of Anitaben. This amount will be adjustable
to any maintenance amount which may be directed to be paid by the
petitioner to Anitaben or minor children.
Respondent no. 2
brother of Anitaben is present before this Court.
In view of above, this
petition stands disposed of. Notice discharged.
(
J. R. VORA, J.)
(
J .C. UPADHYAYA, J. )
*Pansala.
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